Editoria e Media
THE LAWFARE PROJECT APPEALS RULING BY DISTRICT COURT IN WARSAW AGAINST HOLOCAUST SURVIVORS
The books contain false statements about the history of the German path to World War II and the rise of Nazism, as well as pure Nazi propaganda, and are sold in bookstores in Poland as "historical books." The District Court said it found no proof that the defendant's motive was to spread Nazi propaganda, despite previously dismissing LP's request for examination of a witness who participated in a lecture by the defendant's during which he praised Hitler and Nazi regime.
"The Court of first instance allowed Holocaust denial and Nazi propaganda books, presented as 'memoires' and 'historical sources,' to be legally published and sold in Poland ," said attorney Michal Jablonski . "The Court of Appeal will now have a chance to overrule this shameful claim."
A key reason why the court dismissed the claims was its assessment that Leon Degrelle's books are "historical sources" and, therefore, cannot infringe on plaintiffs' personal rights. The court stated this despite the fact that the books at issue are not distributed only to historians and other researchers, but are targeted to potential readers. Moreover, the books do not contain proper scientific comment and footnotes regarding the false statements and Nazi propaganda presented therein, which is typical for similar publications.
"Unfortunately, the judge in this particular case decided that freedom of speech shall always prevail over historical truth regardless of accurateness or its impact on people's feelings,' said Brooke Goldstein , Executive Director and Founder of The Lawfare Project. "This deeply flawed ruling will only allow antisemitic language to flourish unchecked throughout Poland . We cannot let this stand."
The plaintiffs were also forced to wait for an inordinately long time to file an appeal, as the lower court judge postponed the deadline for issuing the court's written decision three times. This is particularly reprehensible as the plaintiffs are in their 90s. Tragically, Mr. Głowiński, one of the plaintiffs, passed away before the appeal was filed.
"This is a landmark case regarding the legal concept of free speech in Polish law," added Jablonski. "In plaintiffs' view, the defendant cannot claim that the content of his books is protected free speech. There is no doubt that Leon Degrelle's books include Nazi propaganda, inaccurate and false statements about facts, and statements denying the Holocaust, so the minimum standard of due diligence reasonably requires adding a proper editorial comment and footnotes acknowledging each false statement. Moreover, such books cannot be marketed as historical books but rather, if anything, as memories of Leon Degrelle, who was a Nazi war criminal. Thus, even if the free speech exception is considered, the defendant still failed to prove that he acted with appropriate diligence, so the protection of plaintiffs' right to national identity and historical memory should have prevailed."
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The Lawfare Project (LP) is the leading organization dedicated to protecting the civil and human rights of Jewish people worldwide through legal action.
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